EAD expiring soon. Can I still work?

Z

zoelee

Registered Users (C)
Hi all,

My family based application was filed June 05. My current EAD expires on Sept 1 06. Filed renewal and received on August 03, 06. Just got a finger print notice scheduled on August 31.

Question: If I don't get my new EAD card by Sept 01 06, can I still work? Saw some postings suggesting not work until approved, but not sure if it's the same case for family based.

Thanks!

zoe
 
No - you cannot continue to work without being unlawfully employed. If your case was employment based then section 245(k) of the Immigration Act would provide you (but not your employer) with some leeway, but in your case this doesn't apply.

Your only option is to take a leave of absence from your employer. Taking vacation time or continuing to work without pay is still considered as paid employment by the USCIS.
 
Yes You Can Work

Hi zoele, I have consulated lawyers and immigration officers, usualy you should apply ead before 90 days ideal situation, but if you dont than if you had applied the EAD before it expires they put dates on new EAD from what your last EAD expires. Also if your employer is not asking dont volunter to show EAD, your adjustment of status is fine it has nothing to do with your EAD. In nutshell if you had applied for renew before your curent ead expires you are fine, take it easy.
 
Yes I agree with dms. No you cannot work. Right now both of us, me and my wife leave without pay. It has been 3 weeks without pay. It may take another a month to reach 90 days. We are losing $1K/day. I know that my case is covered by section 245k but unfortunately, I informed the HR about my EAD. The HR does not allow me to work unless I have valid EAD.
 
i think one can go on vacation w/o pay and still do urgently required items.....legally no one can establish that you were working.......dont write emails..
 
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